Geeta Khora v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.1266 of 2022 Geeta Khora ....

Petitioner Mr. R.L.Pattnailk Advocate -versusState of Odisha ....

Opposite Party Mr.S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

23.03.2022.

02.

1. This matter is taken up through hybrid mode. Order No.

2. Learned State counsel has obtained instructions that the Petitioner-Geeta Khora has in fact given birth to a child in custody.

3. Heard Mr. R.L.Pattnailk, learned counsel for the Petitioner and Mr. S.K.Mishra, learned Addl. Standing Counsel for the State.

4. The Petitioner is in custody since 26th October, 2021 in connection with Orkel P.S. Case No.193/2021 corresponding to

// 2 // G.R. Case No.964/2021pending in the court of learned S.D.J.M., Malkangiri for the alleged commission of the offence under Sections 302/34 of I.P.C.

5. It is alleged that she committed murder of the deceased with whom she had an extra marital relationship. From the charge sheet and statement of witnesses placed on record, it appears that on the night of the occurrence, the Petitioner and the victim had sexual relationship and thereafter when the deceased insisted for having sex with the victim again, she refused on the ground of her advanced pregnancy. On this, the deceased is said to have made a mock attempt to hang himself by means of a napkin and when the Petitioner tried to pull him down, he is said to have died.

6. Considering the submissions made, the materials on record, the period of detention in custody and the fact that charge sheet has already been submitted in the case, I am inclined to allow the prayer for bail.

7. Let the Petitioner be released on bail on such terms and conditions as may be imposed by the court in seisin over the matter in the aforesaid case including the condition that she shall appear before the trial court on each date of posting of the case without fail.

8. The BLAPL is disposed of.

// 3 // 9 Urgent certified copy of this order be granted on proper application.

(Sashikanta Mishra) AKB Judge